HomeMy WebLinkAbout2.0 Resolution 79-40BEFORE THE BOARD OF-COUNTY COMI'IISSIONERS OF
GARFIELD COUNTY, COLORADO
RESoI-urroN No. 14-40
WHEREAS, Gilford Merrill has petitioned the Board of County Cornmissioners
of Garfield County, Colorado, for an exemption from the definition of the terms
"subdivision" and "subdivided land" under C.R.S. 1973, 30-28-l0l (.l0) (a)-(d),
as amended, and the Subdivision Regulations of Garfie'ld County, Colorado,
adopted January 2,1979, Sect'ions 2.02.21 (a) anO 3.02.0.l for the division of
a 9.0 acre tract described as follows: that property as described in Book 310
at Page 218 of the Office of the C'lerk and Recorder into 2 tracts of approxi-
nntely 4.5 acres each, more or less, which:lroposed divided tract is more
parti cu1 arly descri bed as fol lows :
This parcel of land is located in Lot 4 of Section 4, T.65., Range
' 9l West of the 6th P.M.
Commencing at the SE corner of Lot 4 and extending North 50 feet
on the division line of Lots 3 and 4, thence .l8.l.5 feet West to true
point of beginning, thence North 990 feet, thence West 2]4.5 feet,
thence South 990 feet, therrce East 214.5 feet to point of beginning.
The above parcel of land to contain 4.875 acres mrre.or less, in
the State of Colorado and County of Garfield; and
WHEREAS, the Petitioner has demonstr:ated to the satisfaction of the
Board of County Commissioners ot- Garfield County, Coloraclo, that the proposed
divisibn does not fall within the purposes of Part l, Article 28, Title 30,
Colorado Revised Statutes .l973, as amended, for the reason that the impact
is not large enough to proceed throuqh the subdivision procedure; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the
Board of County Commissioners of Garfield County, Colorado, that there is a
reasonable probability of'locating domestic water on each of said tracts,
that there is adequate ingress and egress to said tracts, that the location
of septic tanks wil'l be permitted by the Colorado Department of Hea'lth, that
the requested d'ivision is not part of an existing or larger development and
does not fall within the general purposes and intent of the subdivision
regulations of the State of Colorado and the County of Garfield, and should,
therefore, be exernpted from the definition of the terms "subdivision" and
"subdivided land" as set forth in C.R.S. 1973, 30-28-'10'l (10) (a)-(d), as
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N0W, THEREF0RE, upon the motion of , seconded by
Q.0. JrlleU , and carried, the division of the above described
tract "A'and I'B'r from the above described 9.0 acre tract is hereby exempted
from such definitions and said tract nay be divided into tract ,A, and "B",
all as is npre fully described above, and said divided tract may he conveyed
in the form of such smaller tracts without further compliance with the aforesaid
subdivision statutes and regu'lations; provided, however, that this exemption
is granted on the condition and with the express understanding and agreement
of the Petitioner that no further exernptions be allowed on said tract "A",and "B",
and that a copy of the instrument or instruments of conveyance when recorded
shall be fileC with this Resolution
Dated ttris lUUday of C$''r; f , A.D. le7q.
THE BOARD OF COUNTY
OF GARFIELD COUNTY,
COMMISSIONERS
COLORADO
I
ATTEST:
Garfi el d County, Colorado
Dehtity
of 'Count
Commi ss'ioners
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